Chapter 2715: ATTACHMENT

(A)
An
attachment against the property, other than personal earnings, of a defendant
may be had in a civil action for the recovery of money, at or after its
commencement, upon any one of the following grounds:

(1)
Excepting foreign corporations which by
compliance with the law therefore are exempted from attachment as such, that
the defendant or one of several defendants is a foreign corporation;

(B)
An
attachment shall not be granted on the ground that the defendant is a foreign
corporation or not a resident of this state for any claim, other than a debt or
demand arising upon contract, judgment, or decree, or for causing damage to
property or death or personal injury by negligent or wrongful act.

(C)
An attachment against the personal
earnings of a defendant may be granted only after a judgment has been obtained
by the plaintiff and only through a proceeding for garnishment of personal
earnings in accordance with Chapter 2716. of the Revised Code.

(D)
An attachment against the property, other
than personal earnings, of a defendant may be accomplished prior to the entry
of judgment only pursuant to an attachment proceeding under this chapter.

An attachment against the property, other than personal
earnings, of a defendant that is in the possession of another person, may be
accomplished prior to the entry of judgment only pursuant to a garnishment
proceeding under section
2715.091 of the Revised Code and
related provisions of this chapter.

(E)
An attachment against the property, other
than personal earnings, of a defendant that is in the possession of another
person, may be accomplished after judgment has been obtained only pursuant to a
garnishment proceeding under Chapter 2716. of the Revised Code.

(A)
"Probable cause to support the motion"
means that it is likely that a plaintiff who files a motion for attachment
pursuant to section
2715.03 of the Revised Code will
obtain judgment against the defendant against whom the motion was filed that
entitles the plaintiff to a money judgment that can be satisfied out of the
property that is the subject of the motion.

(B)
"Levying officer" means the sheriff,
another authorized law enforcement officer, or a bailiff who is ordered by the
court to take possession of property under an order of attachment.

(C)
"Occupied dwelling unit" means a
structure that is used in whole or in part as a home, residence, or sleeping
place by one person who maintains a household or by two or more persons who
maintain a common household, and the facilities and appurtenances in it and in
which any person is present or is likely to be present, except that such a
structure is not an occupied dwelling unit at any time if, after reasonable
efforts to personally contact any person who may be present in the structure at
that time, the person who made the efforts reasonably believes that no person
is present in the structure at that time.

A plaintiff in an action for the recovery of money, upon or at
any time after the commencement of the action, may apply to the court by
written motion for the attachment of property, other than personal earnings, of
the defendant. The motion shall have attached to it the affidavit of the
plaintiff, his agent, or attorney, which shall set forth all of the following:

(A)
The nature and amount of the
plaintiff's claim, and if the claim is based upon a written instrument, a copy
of that instrument;

(B)
The facts
that support at least one of the grounds for an attachment contained in section
2715.01 of the Revised Code;

(C)
A description of the property
sought and its approximate value, if known;

(D)
To the best of plaintiff's knowledge, the
location of the property;

(E)
To
the best of the plaintiff's knowledge, after reasonable investigation, the use
to which the defendant has put the property and that the property is not exempt
from attachment or execution.[;]

(F)
If the property sought is in the
possession of a third person, the name of the person possessing the property.

A defendant against whom a motion for attachment is filed under
section 2715.03 of the Revised Code may
receive a hearing on the motion in accordance with section
2715.043 of the Revised Code by
delivering a written request for a hearing to the court within five business
days after receipt of the notice provided pursuant to section
2715.041 of the Revised Code. The
request may set forth the defendant's reasons for disputing the claim of the
plaintiff who filed the motion for attachment of the property; however, neither
the defendant's inclusion of nor his failure to include such reasons upon the
request constitutes a waiver of any defense of the defendant or affects the
defendant's right to produce evidence at any hearing or at the trial of the
action. The time and place for the hearing shall be that set forth in the
notice. If a written request for a hearing is not received by the court within
the prescribed time and the court does not grant a continuance of the scheduled
hearing in accordance with division (B) of section
2715.042 of the Revised Code, the
hearing scheduled pursuant to section
2715.043 of the Revised Code
immediately shall be canceled and the court shall issue an order of attachment
in accordance with division (A) of section
2715.042 of the Revised Code.

(A)
Upon the filing
of a motion for an order of attachment pursuant to section
2715.03 of the Revised Code, the
plaintiff shall file with the clerk of the court a praecipe instructing the
clerk to issue to the defendant against whom the motion was filed a notice of
the proceeding. Upon receipt of the praecipe, the clerk shall issue the notice
which shall be in substantially the following form:

(Case Caption)

You are hereby notified that (name and address of plaintiff),
the plaintiff in this proceeding, has applied to this court for the attachment
of property in your possession. The basis for this application is indicated in
the documents that are enclosed with this notice.

The law of Ohio and the United States provides that certain
benefit payments cannot be taken from you to pay a debt. Typical among the
benefits that cannot be attached or executed on by a creditor are:

Additionally, your wages never can be taken to pay a debt until
a judgment has been obtained against you. There may be other benefits not
included in this list that apply in your case.

If you dispute the plaintiff's claim and believe that you are
entitled to retain possession of the property because it is exempt or for any
other reason, you may request a hearing before this court by disputing the
claim in the request for hearing form appearing below, or in a substantially
similar form, and delivering the request for the hearing to this court, at the
office of the clerk of this court, not later than the end of the fifth business
day after you receive this notice. You may state your reasons for disputing the
claim in the space provided on the form, but you are not required to do so. If
you do state your reasons for disputing the claim in the space provided on the
form, you are not prohibited from stating any other reasons at the hearing, and
if you do not state your reasons, it will not be held against you by the court
and you can state your reasons at the hearing.

If you request a hearing, it will be conducted in
................... courtroom ........, (address of court), at .............m.
on ............., .....

You may avoid having a hearing but retain possession of the
property until the entry of final judgment in the action by filing with the
court, at the office of the clerk of this court, not later than the end of the
fifth business day after you receive this notice, a bond executed by an
acceptable surety in the amount of $............

If you do not request a hearing or file a bond on or before the
end of the fifth business day after you receive this notice, the court, without
further notice to you, may order a law enforcement officer or bailiff to take
possession of the property. Notice of the dates, times, places, and purposes of
any subsequent hearings and of the date, time, and place of the trial of the
action will be sent to you.

(B)
Along with the notice required by
division (A) of this section, the clerk of the court also shall deliver to the
defendant, in accordance with division (C) of this section, a request for
hearing form together with a postage-paid, self-addressed envelope or a request
for hearing form on a postage-paid, self-addressed postcard. The request for
hearing shall be in substantially the following form:

I dispute the claim for the attachment of property in the above
case and request that a hearing in this matter be held at the time and place
set forth in the notice that I previously received.

I dispute the claim for the following reasons:

................................................................

(Optional)

................................................................

................................................................

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK OF THIS
COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT, YOU WAIVE YOUR RIGHT
TO A HEARING AT THIS TIME AND YOU MAY BE REQUIRED TO GIVE UP THE PROPERTY
SOUGHT WITHOUT A HEARING."

(C)
The
notice required by division (A) of this section shall be served on the
defendant in duplicate not less than seven business days prior to the date on
which the hearing is scheduled, together with a copy of the complaint and
summons, if not previously served, and a copy of the motion for the attachment
of property and the affidavit attached to the motion, in the same manner as
provided in the Rules of Civil Procedure for the service of process. Service
may be effected by publication as provided in the Rules of Civil Procedure
except that the number of weeks for publication may be reduced by the court to
the extent appropriate.

(A)
If a motion for an order of attachment
has been filed pursuant to section
2715.03 of the Revised Code, the
court may issue an order of attachment without conducting a hearing if it finds
all of the following:

(1)
The notice, motion,
and affidavit have been served on the defendant against whom the motion for
attachment was filed, as required by section
2715.041 of the Revised Code;

(2)
The defendant has not
requested a hearing within the prescribed time pursuant to section
2715.04 of the Revised Code, and a
continuance of the scheduled hearing has not been granted pursuant to division
(B) of this section;

(3)
A bond
has not been filed within the prescribed time pursuant to section
2715.10 or
2715.26 of the Revised Code;

(4)
The court finds, on the basis
of the affidavit, that there is probable cause to support the motion.

(B)
If the defendant
against whom a motion for an order of attachment was filed pursuant to section
2715.03 of the Revised Code does
not request a hearing on the motion within the prescribed time pursuant to
section 2715.04 of the Revised Code, the
court nevertheless may grant a continuance of the scheduled hearing if the
defendant, prior to the time at which the hearing was scheduled, as indicated
on the notice served on the defendant under section
2715.04 of the Revised Code, or
the time of issuance of an order of attachment, whichever is earlier,
establishes a reasonable justification for his failure to request the hearing
within the prescribed time. If the court grants such a continuance of the
hearing, it shall cause the matter to be set for hearing as soon as practicable
thereafter, but in no event shall the continued hearing be set for a time that
is more than five business days after the date on which the original hearing
was scheduled unless the plaintiff consents to the setting of a hearing at a
later time. The continued hearing shall be conducted in accordance with section
2715.043 of the Revised Code.

(C)
If the court grants a
continuance of the scheduled hearing pursuant to division (B) of this section,
the court shall not issue an order of attachment without a hearing pursuant to
division (A) of this section unless the defendant subsequently delivers written
notice to the contrary to the court.

(A)
Upon the filing of the motion for an
order of attachment pursuant to section
2715.03 of the Revised Code, the
court shall cause the matter to be set for hearing within twenty days
thereafter and the defendant shall be notified in accordance with section
2715.041 of the Revised Code.

(B)
If a hearing is requested in
accordance with section
2715.04 of the Revised Code or if
a continuance is granted in accordance with division (B) of section
2715.042 of the Revised Code, the
hearing shall be limited to a consideration of whether there is probable cause
to support the motion and whether any of the property of the defendant is
exempt from attachment.

The court shall issue an order of attachment if it finds, on
the basis of the affidavit and, if applicable, the evidence presented at the
hearing, that there is probable cause to support the motion.

(C)
Any failure of the defendant against whom
the motion for attachment was filed to oppose the motion or to refute any
evidence presented by the plaintiff that filed the motion shall not constitute
a waiver of any defense of the defendant or affect the defendant's right to
produce evidence at subsequent hearings or at the trial of the action.

(D)
The defendant against whom the
motion for attachment was filed shall be sent prior notice of the date, time,
place, and purpose of any hearing other than the hearing set under division (A)
of this section and of the date, time, and place of the trial of the action.

An order of attachment issued by a court shall not be effective
until the plaintiff that filed the motion for attachment files with the court a
bond to the defendant against whom the motion was filed, executed by the
plaintiff's surety, in an amount twice the approximate value of the property to
be attached under the order, to the effect that, should judgment be issued
against the plaintiff, the plaintiff will return the property taken or pay the
value so assessed, at the election of the defendant, and also pay the damages
suffered by the defendant as a result of the taking and detention of, and any
injury to, the property and the costs of the action. If the plaintiff does not
know the approximate value of the property sought to be attached under the
order, or if the identity of the property to be attached is not known, the bond
shall be in an amount twice that of the plaintiff's claim, as indicated in the
plaintiff's affidavit filed pursuant to section
2715.03 of the Revised Code.

In lieu of the bond, the plaintiff may deposit with the clerk
of the court cash in an amount equal to twice the approximate value of the
property or, if that value is not known or the identity of the property to be
attached is not known, equal to twice the amount of the claim of the plaintiff.

When the ground of attachment is that the defendant is a
foreign corporation, or not a resident of this state, the order of attachment
may be issued without a bond.

If the plaintiff is indigent, the court may, on motion of the
plaintiff or on its own motion, waive the bond required by this section or may
set the bond in a lower amount, as fairness requires.

(A)
Upon the filing of a motion for
attachment, a court may issue an order of attachment without issuing notice to
the defendant against whom the motion was filed and without conducting a
hearing if the court finds that there is probable cause to support the motion
and that the plaintiff that filed the motion for attachment will suffer
irreparable injury if the order is delayed until the defendant against whom the
motion has been filed has been given the opportunity for a hearing. The court's
findings shall be based upon the motion and affidavit filed pursuant to section
2715.03 of the Revised Code and
any other relevant evidence that it may wish to consider.

(B)
A finding by the court that the plaintiff
will suffer irreparable injury may be made only if the court finds the
existence of either of the following circumstances:

(1)
There is present danger that the property
will be immediately disposed of, concealed, or placed beyond the jurisdiction
of the court.

(2)
The value of the
property will be impaired substantially if the issuance of an order of
attachment is delayed.

(1)
Upon
the issuance by a court of an order of attachment without notice and hearing
pursuant to this section, the plaintiff shall file the order with the clerk of
the court, together with a praecipe instructing the clerk to issue to the
defendant against whom the order was issued a copy of the motion, affidavit,
and order of attachment, and a notice that an order of attachment was issued
and that the defendant has a right to a hearing on the matter. The clerk then
immediately shall serve upon the defendant, in the manner provided by the Rules
of Civil Procedure for service of process, a copy of the complaint and summons,
if not previously served, a copy of the motion, affidavit, and order of
attachment, and the following notice:

You are hereby notified that this court has issued an order in
the above case in favor of (name and address of plaintiff), the plaintiff in
this proceeding, directing that property now in your possession, be taken from
you. This order was issued on the basis of the plaintiff's claim against you as
indicated in the documents that are enclosed with this notice.

The law of Ohio and the United States provides that certain
benefit payments cannot be taken from you to pay a debt. Typical among the
benefits that cannot be attached or executed on by a creditor are:

Additionally, your wages never can be taken to pay a debt until
a judgment has been obtained against you. There may be other benefits not
included in this list that apply in your case.

If you dispute the plaintiff's claim and believe that you are
entitled to possession of the property because it is exempt or for any other
reason, you may request a hearing before this court by disputing the claim in
the request for hearing form, appearing below, or in a substantially similar
form, and delivering the request for hearing to this court at the above
address, at the office of the clerk of this court, no later than the end of the
fifth business day after you receive this notice. You may state your reasons
for disputing the claim in the space provided on the form; however, you are not
required to do so. If you do state your reasons for disputing the claim, you
are not prohibited from stating any other reasons at the hearing, and if you do
not state your reasons, it will not be held against you by the court and you
can state your reasons at the hearing. If you request a hearing, it will be
held within three business days after delivery of your request for hearing and
notice of the date, time, and place of the hearing will be sent to you.

You may avoid a hearing but recover and retain possession of
the property until the entry of final judgment in the action by filing with the
court, at the office of the clerk of this court, not later than the end of the
fifth business day after you receive this notice, a bond executed by an
acceptable surety in the amount of $.........

If you do not request a hearing or file a bond before the end
of the fifth business day after you receive this notice, possession of the
property will be withheld from you during the pendency of the action. Notice of
the dates, times, places, and purposes of any subsequent hearings and of the
date, time, and place of the trial of the action will be sent to you.

(2)
Along with the
notice required by division (C)(1) of this section, the clerk of the court also
shall deliver to the defendant a request for hearing form together with a
postage-paid, self-addressed envelope or a request for hearing form on a
postage-paid, self-addressed postcard. The request for hearing shall be in
substantially the following form:

I dispute the claim for possession of property in the above
case and request that a hearing in this matter be held within three business
days after delivery of this request to the court.

I dispute the claim for the following reasons:

..................................................................

(Optional)

..................................................................

..................................................................

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK OF THIS
COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT, YOU WAIVE YOUR RIGHT
TO A HEARING AND POSSESSION OF THE PROPERTY WILL BE WITHHELD FROM YOU DURING
THE PENDENCY OF THE ACTION."

(D)
The
defendant may receive a hearing in accordance with section
2715.043 of the Revised Code by
delivering a written request for hearing to the court within five business days
after receipt of the notice provided pursuant to division (C) of this section.
The request may set forth the defendant's reasons for disputing the plaintiff's
claim for possession of property. However, neither the defendant's inclusion of
nor failure to include such reasons upon the request constitutes a waiver of
any defense of the defendant or affects the defendant's right to produce
evidence at any hearing or at the trial of the action. If the request is made
by the defendant, the court shall schedule a hearing within three business days
after the request is made, send notice to the parties of the date, time, and
place of the hearing, and hold the hearing accordingly.

(E)
If, after hearing, the court finds that
there is not probable cause to support the motion, it shall order that the
property be redelivered to the defendant without the condition of bond.

(A)
An
order of attachment issued by the court shall be addressed and delivered to the
levying officer, and shall require him, after the order has taken effect, to
attach the lands, tenements, goods, chattels, stocks or interest in stocks,
rights, credits, money, and effects of the defendant, in such officer's county,
not exempt by law from being applied to the payment of plaintiff's claim, or so
much thereof as will satisfy it, to be stated in the order as in the affidavit,
and costs of the action, not exceeding one hundred dollars. An order of
attachment may be directed to the levying officer of any county within this
state.

(B)
An order of attachment
shall contain the names of the parties and the court in which the action was
brought and a statement that the property subject to the order of attachment
can be recovered by filing a bond pursuant to section
2715.10 or
2715.26 of the Revised Code.

(C)
An order of attachment, other
than one issued under section
2715.045 of the Revised Code,
shall be served upon the defendant against whom the order was issued in the
same manner as provided in the Rules of Civil Procedure for the service of
papers subsequent to original complaints.

Orders of attachment may be issued to the levying officers of
different counties. Several of them, at the option of the plaintiff, may be
issued at the same time or in succession. Only those which have been executed
shall be taxed in the costs, unless otherwise directed by the court.

(A)
The levying officer shall execute an
order of attachment, after it has taken effect, without delay. He shall go to
the place where the defendant's property is, and he or his agent shall make a
true inventory and appraisement of all the property which shall be set forth in
his or his agent's affidavit and returned with the order. When the property is
real property, the officer shall leave a copy of the order with the occupant of
the property, or, if there is no occupant, in a conspicuous place on the
property. When it is personal property and can be reached, he shall take it
into his custody and hold it in a secure place subject to the order of the
court, and shall deliver a copy of the order to the defendant, or if he is
unable to find the defendant shall leave a copy at the address where the
property was detained; but, if removal of the property from the address where
it is detained would be unreasonably expensive, the officer may take possession
by conspicuously placing a notice of possession on the property. The delivery
of the order under this division is required in addition to the service of the
order required by section
2715.045 or
2715.05 of the Revised Code.

(B)
Unless the order of attachment
directed to the levying officer specifies otherwise, the officer, in the
execution of the order, may use any lawful means to enter any building or
enclosure, other than an occupied dwelling unit, in which property that can be
applied to the plaintiff's claim is contained, if reasonable efforts to obtain
voluntary admittance have failed. If the officer enters the building or
enclosure to take possession of property without first obtaining permission to
enter, he shall file with the court on the next business day an affidavit
setting forth the circumstances of his entry and the reasons he was unable to
obtain voluntary admittance.

(A)
When the
plaintiff, his agent, or attorney, in the affidavit accompanying a motion for
attachment filed under section
2715.03 of the Revised Code,
states that he has good reason to believe, and does believe, that a person
named in the affidavit has property of the defendant other than personal
earnings in his possession, and the levying officer attempts to get possession
of such property but cannot do so, he shall leave with the person a copy of the
order of attachment, with a written notice that he appear in court and answer,
as provided in section
2715.29 of the Revised Code. The
person is the garnishee and the proceeding in relation to the garnishee is a
garnishment proceeding. Any court of common pleas that issues an order of
attachment has jurisdiction to serve process pursuant to this section upon a
garnishee who does not reside within the jurisdiction of the court. Any county
court or municipal court that issues an order of attachment has jurisdiction to
serve process pursuant to this section upon a garnishee who resides in any
county that is contiguous to that in which the court is located. When the
garnishee does not reside within the jurisdiction of the court that issued the
order, the process may be served by the proper officer of the county in which
the garnishee resides, or may be personally served.

If the garnishee is an individual, a copy of the order and
notice shall be served upon him personally, or left at his usual place of
residence. When a partnership is garnisheed by its company name, a copy of the
order and notice shall be left at its usual place of doing business, or with a
member of such partnership. If the garnishee is a corporation, a copy of the
order and notice shall be left with an officer or a managing or general agent
of the corporation. If such corporation is a railroad company, a copy of the
order and notice may be left with a regular ticket or freight agent thereof, in
any county in which the railroad is located.

(B)
This section applies only to property of
a defendant other than personal earnings and only prior to the entry of
judgment against a defendant. Garnishment of personal earnings may be granted
only after a judgment has been obtained by the plaintiff, and only pursuant to
Chapter 2716. of the Revised Code. Garnishment of property other than personal
earnings of a person against whom judgment has been entered may be granted only
pursuant to Chapter 2716. of the Revised Code.

The levying officer shall deliver the property attached under
section 2715.09 of the Revised Code to the
person in whose possession it was found, upon the person's executing a bond to
the plaintiff, with sufficient surety, to the effect that the parties to it are
bound in the same amount as the bond filed by the plaintiff under section
2715.044 of the Revised Code, or
if the plaintiff has not filed such a bond, in double the appraised value of
the property, and to the effect that the property or its appraised value in
money will be forthcoming to answer the judgment of the court in the action. If
it appears to the court that any part of such property has been lost or
destroyed by unavoidable accident, the appraised value of the property shall be
remitted to the plaintiff if judgment is rendered in his favor.

If the person is indigent, the court may, upon motion of the
person or upon its own motion, waive the bond required by this section or set
bond in a lower amount, as fairness requires.

The service of process of garnishment under this chapter upon
the sheriff, coroner, clerk, constable, master commissioner, marshal of a
municipal corporation, or other officer having in his possession any money,
claim, or other property of the defendant, other than personal earnings, or in
which the defendant has an interest, shall bind it from the time of service and
be a legal excuse to such officers, to the extent of the demand of the
plaintiff, for not paying such money or delivering such claim or property to
the defendant, as by law or the terms of the process in his hands he would
otherwise be bound to do.

The answer of the garnishee required by section
2715.091 of the Revised Code shall
be made before the clerk of the court of common pleas of the county in which
the garnishee resides, or, if he resides out of the state, before the clerk of
the county where he was served, or where the action is pending. A special
examination of the garnishee shall be had, and actions against him for failing
to appear, or to answer satisfactorily, or to comply with the order of the
court in the premises, shall be brought in the county in which he resides.

The clerk of the court of common pleas before whom the answer
mentioned in section
2715.13 of the Revised Code is
made shall transmit it to the clerk of the court in which the suit is pending,
in the manner depositions are required to be directed and transmitted. For his
services he shall receive such fees as are allowed by law for taking
depositions and to clerks for furnishing certificates with their seals of
office attached.

If in his answer under section
2715.13 of the Revised Code the
garnishee admits an indebtedness to the defendant, and the court orders the
payment of it in whole or part to the plaintiff, and the garnishee fails to pay
according to such order, execution may issue thereon as upon judgments for the
payment of money.

Different attachments of the same property may be made by the
same officer; but one inventory and appraisement are sufficient, and it is not
necessary to return them with more than one order of attachment.

When property is under attachment, attachments thereon under
subsequent orders of attachment must be as follows:

(A)
If it is real property, it shall be
attached in the manner prescribed for executing attachment.

(B)
If it is personal property, it shall be
attached as in the hands of the officer, and be subject to any previous
attachment.

(C)
If a person is
made a garnishee more than once with respect to the same property indebtedness
or liability, copies of the order and notice mentioned in section
2715.091 of the Revised Code shall
be left with him in the manner prescribed by section
2715.091 of the Revised Code for
serving a garnishee.

The levying officer shall return upon every order of attachment
what he has done under it. The return shall show the property attached and the
time it was attached. When garnishees are served under this chapter, their
names, and the time each was served, shall be stated. The officer shall return
with the order all bonds given under it.

An order of attachment shall bind the property attached from
the time of service. A garnishee under this chapter shall be liable to the
plaintiff in attachment for all property of the defendant in his hands, and
money and credits due from him to the defendant, other than personal earnings,
from the time he is served with the written notice required in section
2715.091 of the Revised Code. When
property is attached in the hands of a consignee, lienholder, or secured party
whose lien or security interest is then perfected by possession, his lien or
security interest relative to the property shall not be affected by the
attachment.

(A)
The
receiver appointed under section
2715.20 of the Revised Code
shall take possession of all notes, due bills, books of account, accounts, and
other evidences of debt, that have been taken by the levying officer as the
property of the defendant in attachment, and proceed to settle and collect
them. For that purpose, the receiver may commence and maintain actions in
the
receiver's own name, as receiver, but no right of defense
in the
action shall be impaired or affected.

(B)
Under the control of the court that appointed the
receiver under section
2715.20 of the Revised Code, the
receiver may do any of the acts specified in section
2735.04 of the Revised
Code.

The receiver appointed under section
2715.20 of the Revised Code
forthwith shall give written or printed notice of his appointment to the
persons indebted to the defendant in attachment, which notice must be served on
the debtor by a copy personally, or by a copy left at his residence. From the
date of such service, the debtors shall be liable to the plaintiff in
attachment for the amount of money and credits of the defendant in attachment
in their hands, or due from them to him, and shall account therefor to the
receiver.

When required, the receiver appointed under section
2715.20 of the Revised Code shall
report his proceedings to the court, and hold all money collected by him, and
property which may come into his hands, subject to the order of the court.

When a receiver is not appointed as provided in section
2715.20 of the Revised Code, the
levying officer who attaches the property shall have the powers and perform the
duties of a receiver appointed by the court, and, if necessary, as such officer
may commence and maintain actions in his own name. He also may be required to
give security other than his official bond.

The court may make proper orders for the preservation of
property attached during the pendency of a suit and direct a sale of it when,
because of its perishable nature or the costs of its keeping, that will be for
the benefit of the parties. The sale shall be public, after such advertisement
as is prescribed for the sale of like property on execution, and shall be made
in such manner and on such terms of credit, with security, as, having regard to
the probable duration of the action, the court or judge directs. The sheriff
shall hold and pay over all proceeds of the sale collected by him and all money
received by him from garnishees under the same requirements and
responsibilities of himself and sureties as are provided in respect to money
deposited in lieu of bail.

If the defendant, or other person on his behalf, before
judgment, executes a bond to the plaintiff, with sufficient surety resident in
the county and approved by the court, in the same amount as the bond filed by
the plaintiff under section
2715.044 of the Revised Code, or
if the plaintiff has not filed such a bond, in double the amount of the
plaintiff's claim as stated in his affidavit under section
2715.03 of the Revised Code, to
the effect that the defendant will perform the judgment of the court, the
attachment shall be discharged and restitution made of any property taken under
it, or the proceeds thereof. Such bond shall also discharge the liability of a
garnishee in the action for property of the defendant in his hands.

The defendant, in lieu of the bond provided for in this
section, may deposit with the clerk of the court cash in an amount equal to the
approximate value of the property or the amount of the bond of the plaintiff if
he filed a bond, whichever is less.

If the defendant is indigent, the court may, upon motion of the
defendant or on its own motion, waive the bond required by this section or set
the bond in a lower amount, as fairness requires.

When the plaintiff's claim is for causing death or personal
injury by a negligent or wrongful act, the bond required by section
2715.26 of the Revised Code shall
be in such amount as is fixed by the court where the action is pending, or a
judge thereof if application is made in vacation.

The bond mentioned in sections
2715.26 and
2715.27 of the Revised Code, in
vacation, may be executed in the presence of the officer having the order of
attachment in his hands, or, after its return before the clerk, with the same
effect as if executed in court. The sureties shall be approved by the officer
before whom such bond is executed.

After the written notice is issued to a garnishee as provided
in section
2715.091 of the Revised Code, the
garnishee shall appear and answer within the time allowed the defendant to
answer the petition upon which the attachment was granted. Under oath, he shall
answer all questions put to him touching property of every description, and
credits of the defendant in his possession or under his control. The garnishee
shall truly disclose the amount owing by him to the defendant, other than for
personal earnings, whether due or not, and in the case of a corporation, any
stock held therein by or for the benefit of the defendant, at or after the
service of notice.

A garnishee under this chapter shall deliver the property in
his hands or pay the money other than personal earnings owing by him to the
defendant, or so much thereof as the court orders, into court in accordance
with section
2715.32 of the Revised Code. He
shall be discharged from liability to the defendant for property so delivered
or money so paid and shall not be subjected to costs beyond those caused by his
resistance of the claims against him.

If a garnishee under this chapter appears and answers, as
required by section
2715.29 of the Revised Code, and
on his examination it is discovered that at or after the service of the order
and notice upon him under section
2715.091 of the Revised Code, he
was possessed of property of the defendant, or was indebted to him, or both,
the court may order the delivery of such property, or the payment of the amount
owing by him, other than personal earnings, into court, or both; or it may
permit the garnishee to retain the property, or the amount owing, upon his
executing a bond to the plaintiff, by sufficient surety, to the effect that the
amount will be paid, or the property forthcoming, as the court directs.

If the garnishee fails to appear and answer as required by
section 2715.29 of the Revised Code, or if
he appears and answers and his disclosure is not satisfactory to the plaintiff,
or if he fails to comply with the order of the court to deliver the property
and pay the money owing into court, or to give the bond required in section
2715.32 of the Revised Code, the
plaintiff may proceed against him by civil action. Thereupon such proceedings
may be had as in other actions. Judgment may be rendered in favor of the
plaintiff for the amount of property and credits of the defendant in possession
of the garnishee, for what may appear to be owing by him to the defendant, and
for the costs of the proceedings against the garnishee.

If the plaintiff proceeds against the garnishee by action, as
provided in section
2715.33 of the Revised Code, for
the cause that his disclosure was unsatisfactory, unless it appears on the
trial that such disclosure was incomplete, the plaintiff must pay the costs
thereof. When the claim of the plaintiff in attachment is satisfied, on motion,
the defendant may be substituted as the plaintiff in the judgment.

Final judgment shall not be rendered against a garnishee under
section 2715.091 of the Revised Code until
the action against the defendant in attachment is determined. If judgment is
rendered therein for the defendant in attachment, the garnishee shall be
discharged, and recover costs. If the plaintiff recovers, and the garnishee
delivers up the property and credits of the defendant in his possession, and
pays the money due from him, as the court orders, he shall be discharged, and
the costs of proceedings against him shall be paid out of the property and
money so surrendered, or as the court deems right.

If judgment is rendered for the plaintiff in an action in
attachment, it shall be satisfied as follows: So much of the property in the
hands of the levying officer, after applying the money arising from the sale of
perishable property and so much of the personal property, and lands and
tenements, whether held by legal or equitable title, as is necessary, shall be
sold by order of the court, under the same restrictions and regulations as if
it had been levied on by execution. The money arising therefrom, with the
amount which is recovered from the garnishee, shall be applied to satisfy the
judgment and costs. If there is not enough to satisfy them, the judgment shall
stand and execution may issue thereon for the residue, as in other cases. Any
surplus of the attached property or its proceeds shall be returned to the
defendant.

The court may compel the delivery to the levying officer, for
sale, of any attached property for which a bond has been given, and may proceed
summarily on such bond to enforce delivery of the property, or payment of the
money due thereon, by rules and attachment as in cases of contempt.

For the purpose of selling it, the court may order the levying
officer to repossess himself of attached property which has passed out of his
hands without having been sold or converted into money. Under such order, the
officer shall have the same power to take the property as under an order of
attachment.

If personal property which has been attached is claimed by a
person other than the defendant, the levying officer shall have the validity of
such claim tried; and such proceedings shall be had, with like effect, as in
case of property seized upon execution, and claimed by a third person.

When several attachments are executed on the same property, or
the same person is made a garnishee by several parties, on the motion of any of
the plaintiffs, the court may order a reference to ascertain and report the
amounts and priorities of the several attachments.

From the time an order of attachment is issued, the court shall
have jurisdiction and control of all subsequent proceedings under sections
2715.01 to
2715.49, inclusive, of the Revised
Code. After the order issues, if the defendant dies, or if the defendant is a
corporation and its charter expires by limitation, forfeiture, or otherwise,
the proceedings shall be carried on. In such cases, other than where the
defendant is a foreign corporation, the legal representatives of the defendant
shall be made parties to the action.

(A)
In any case in which a motion for
attachment is filed, the defendant against whom the motion is filed may object
to the surety of the plaintiff that filed the motion on the bond filed under
section 2715.044 of the Revised Code, and
the plaintiff may object to the surety of the defendant or another person on a
bond filed under section
2715.26 or
2715.10 of the Revised Code,
respectively. An objection against a surety under this division shall be made
by filing with the court within ten days after the filing of the surety's bond
an exception to the sufficiency of the surety. All objections to sureties are
otherwise waived. When an exception to a surety is made, that surety shall show
to the court that it is sufficient to fulfill the obligations of its bond.
After an exception has been made, the levying officer may execute the order of
attachment in accordance with section
2715.09 of the Revised Code, but
shall not take any further action until the surety is found by the court to be
sufficient or is replaced by sufficient surety.

(B)
Before judgment, after reasonable notice
to the plaintiff in an action in attachment, the defendant may move the court
for additional security on his part. On such motion, if the court is satisfied
that the surety in the plaintiff's bond has removed from the state or is not
sufficient for its amount, it may vacate the order of attachment and direct
restitution of property taken under it, unless, in a reasonable time, to be
fixed by the court, the plaintiff gives sufficient security.

A party may seek recovery of damages awarded on final judgment
and the costs of judgment execution against the other party's surety on a bond
filed pursuant to section
2715.044,
2715.10, or
2715.26 of the Revised Code if
execution of judgment issued in favor of that party is returned unsatisfied, by
the filing of a complaint against the surety in the same action in which the
bond was filed.

Before judgment, upon reasonable notice to the plaintiff, the
defendant may move to discharge an attachment as to the whole or any of the
property attached. The motion shall promptly be heard and decided by the court.

When, on the part of the defendant, a motion to discharge an
attachment is made on affidavits or papers and evidence in the case, but not
otherwise, the plaintiff may oppose it by affidavits or other evidence, in
addition to that on which the order of attachment was made.

A party to a suit affected by an order discharging or refusing
to discharge an order of attachment may appeal on questions of law to reverse,
vacate, or modify it as in other cases; and the original action shall proceed
to trial and judgment as though no appeal had been taken.

When an order discharging an order of attachment is made, and a
party affected thereby excepts thereto, the court or judge shall fix the number
of days, not to exceed thirty, in which such party may file his appeal, during
which it shall be filed and the attached property held by the sheriff or other
officer.

The party who appeals under section
2715.47 of the Revised Code must
give a bond to the adverse party, with surety to be approved by the clerk of
the court of appeals, in double the amount of the appraised value of the
property attached, conditioned to pay such adverse party all damages sustained
by him in consequence of filing such appeal, in the event of the discharge of
the order of attachment by the court in which it is filed because the order was
wrongfully obtained. When the appeal is filed and a bond is given, the sheriff
or other officer shall continue to hold the property attached, subject to the
further order of the court.

If a party who excepts to an order discharging or refusing to
discharge an order of attachment dies within the time limited for filing his
appeal, the administrator or executor of such party, within thirty days after
his appointment and qualification, may file his appeal, and thereby become a
party to the action. He shall not be required to give the bond required by
section 2715.48 of the Revised Code. No
such appeal can be filed by an executor or administrator after one year from
the time such order is made.

A creditor may bring an action on his claim before it is due
and have an attachment against the property of the debtor when any of the
following applies:

(A)
A debtor has
sold or otherwise transferred or disposed of his property with the fraudulent
intent to cheat or defraud his creditors, or to hinder or delay them in the
collection of their debts;

(B)
A
debtor is about to make such a sale or other transfer or disposition of his
property, with such fraudulent intent;

(C)
A debtor is about to remove his property,
or a material part of it, with the intent or to the effect of cheating or
defrauding his creditors, or of hindering or delaying them in the collection of
their debts.

The attachment provided for in section
2715.50 of the Revised Code may be
granted, pursuant and subject to sections
2715.01 to
2715.49 of the Revised Code, by
the court in which the action was brought.

If the court or judge refuses to grant an order of attachment
under section
2715.50 of the Revised Code, the
action shall be dismissed, but without prejudice to a future action. In all
such actions application for an attachment must be made.